Brian Tully McLaughlin, a Washington, D.C.-based counsel in Crowell & Moring's Government Contracts Group, talks with Federal News Radio host Tom Temin on the "Federal Drive" program about the Supreme Court's ruling in favor of defense contractor KBR Inc. in a False Claims Act (FCA) whistleblower suit brought by a former employee. McLaughlin described the facts of the case and noted that it is not unusual for these types of FCA cases to take a long time. He noted that "this is a ruling that defense contractors will be very happy with because it means that the tolling period is not suspended, and that whistleblowers have a duty to bring their claims forward in a timely way."

Los Angeles-based attorneys, Mark R. Troy, Jeffrey H. Rutherford, and Mana Elihu Lombardo were recognized for one of the Daily Journal's top verdicts of 2014 for their representation of Lockheed Martin in the U.S. ex. rel. Hopper v. Lockheed Martin Corp. case. After a six-day trial in the U.S. District Court for the Central District of California in Los Angeles, a jury unanimously found in favor of Lockheed Martin Corporation in a lawsuit filed under the qui tam provisions of the civil False Claims Act.

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, talks to Law360 regarding a final rule that will tighten restrictions on human trafficking in government contracting. Under its requirements, all contractors must disclose working conditions to employees, are barred from confiscating passports or other immigration documents, must ensure that workers aren't being charged any recruitment fees, and must provide the worker with return transportation for non-nationals. "I think another big question is: 'Who pays for this?'" Eyre said. "There are some very specific obligations, both the compliance plan ... and others. But who is going to pay for that?"

The firm's Government Contracts Group is featured for earning Law360's "Government Contracts Group of the Year Award," highlighting the Group as a widely heralded industry go-to and noting the firm's recent wins for Lockheed Martin Corp. and BAE Systems. Washington, D.C.-based Government Contract Group co-chairs, Angela B. Styles and Daniel R. Forman, discuss with Law360 the background of the Group and the deep bench of experienced attorneys from associates to partners which sets the Group apart from others. "We have folks on our legal team who are former military personnel, former engineers and software developers, and in addition to being at the top of their game on the legal side, they can speak multiple languages and talk to both general counsel and engineers, and that's an important facet of our practice," Forman states. Styles reiterates, "We're continually able to serve clients with the right lawyer, right experience, [and] right skill set."

Crowell & Moring Health Care Group attorneys, Arthur N. Lerner, Christine M. Clements, and A. Xavier Baker, discuss with Bloomberg BNA the top list of issues for 2015 as noted by the BNA's Health Insurance Report advisory board members in the annual Outlook survey. Of the top 10 issues, the question as to whether or not the Affordable Care Act (ACA) subsidies will remain the law ranks high on the list. As many agree that blanket repeal of the ACA is unlikely, Lerner believes that "They [Congress] then may try to repeal individual pieces, such as the risk sharing, the medical device tax, the individual mandate, and other elements." The article continues, touching on other potential risks for health insurers and what they should be aware of and to look out for as the year unfolds.

Washington, D.C.-based Government Contracts partner, Peter Eyre, discusses the potential impact of executive orders on the government contracts industry, including a 2012 order that will recruit federal contractors in U.S. efforts to fight labor trafficking at home and abroad. "That proposal came out months ago. That is now, as far as we can tell, ready to come out in final form. Because of the compliance requirements of that rule, it's something that will get a lot of attention," Eyre said.

Washington, D.C.-based White Collar & Regulatory Enforcement Group partner, Philip T. Inglima, speaks to Global Investigations Review regarding his experience with subpoenas being blocked by a judge, even when it appears that all the appropriate steps have been taken to avoid a waiver or broad disclosure of the privileged materials. "These types of subpoena requests are becoming routine now, so companies are having to be ever more careful in making disclosures or presenting evidence to the DOJ so as not to waive attorney-client privilege and work product protection," states Inglima. "Delivering limited presentations orally is one way of reducing the risk."

Washington, D.C.-based Government Contracts Group attorneys, Angela B. Styles and Stephen J. McBrady, discuss how President Obama might soon issue an executive order making it tougher for corporations that move overseas for tax purposes to win federal contracts. "How hard they will make it to do business with the U.S. government is anyone's guess," Styles said. The order requires contractors to disclose violations of more than a dozen state and federal labor laws and regulations. McBrady added that, "As a result, contractors should review labor law compliance and current arbitration agreements, as well as submit comments on any proposed regulations."

Washington, D.C.-based Government Contract Group partner, J. Chris Haile, discusses a recent Court of Federal Claims decision that exempts Federal Supply Schedule contracts from some streamlined commercial acquisition rules, which is causing some concern about the long-term relevance of commercial contracting rules. Because FAR Part 8.4 only provides that FAR Part 12 applies in three instances, it doesn't cover situations in which CMS deviated from commercial practices when making an order under the schedules. "The general presumption has been that the schedules are commercial item contracts, so that while they're subject to FAR Part 8, they're also subject to FAR Part 12," Haile said. "I think that the decision certainly could have come out differently."

Washington, D.C.-based partner, David C. Hammond, talks with Law360 about the recent trend of self-reporting requirements and the effect it's going to have on the government when dealing with the expanding disclosure requirements. "It's going to cost the government to review these disclosures," Hammond said. "It's going to drive up the contractors' costs of compliance ... and that is going to result in higher indirect costs being charged to the government."

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, discusses the expanded authority of the Defense Priorities and Allocations System (DPAS) and how it will effect various companies and agencies, especially the U.S. Department of Homeland Security and its contractors. "Contractors and subcontractors that traditionally haven't dealt with rated orders are more likely to see them because of this expansion. Companies will need to become familiar with these obligations," Eyre said. "And I suspect that civilian agencies — especially DHS — are going to be figuring out how to use the expanded coverage and authority."

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, speaks with Law360 regarding the lingering questions on contractor labor violation reports. When speaking to the mandatory disclosure rule, Eyre says, "It's taken years to get clarity on what happens to the information when it's disclosed [under the mandatory disclosure rule], and here, too, industry will need clarity on how the government will weigh and act upon these new disclosures."

When asked whether Government-Industry Data Exchange Program (GIDEP), which is managed by the Pentagon, is the most appropriate vehicle for the new reporting framework, Government Contracts partner Peter Eyre told Law360, "I think you'll see comments about GIDEP itself and whether GIDEP is equipped for this type of activity," Eyre said. "This could be a significant expansion because contractors would be reporting directly into GIDEP and using GIDEP to screen, prior to purchasing supplies. Incorporating that screen into your procurement process is potentially quite onerous and might necessitate enhancements to the GIDEP system itself."

Washington, D.C.-based partner, David Bodenheimer, who handles government contracts, FCA, privacy, and cybersecurity matters, talks to BNA about the recent draft plan released by the General Services Administration's to manage cybersecurity risks in the federal acquisition process. The plan is causing confusion among some, and Bodenheimer tells BNA that implementing more than one recommendation at a time creates difficulties. "It's hard to implement one in isolation without considering others," he said. "If you do that before proceeding with training, it's hard to have an informed risk strategy without having people with the proper understanding of cybersecurity definitions. If everyone is working with several different definitions, you come up with several different understandings."

Troy Barsky, a partner in the firm's Health Care Group, is interviewed by Modern Healthcare to discuss how government investigators are likely to start wielding the False Claims Act even more aggressively than in the past. Barsky says, "the Justice Department's willingness to pursue huge False Claims cases on physician compensation against hospitals is new. In fact, it has created a great deal of uncertainty among providers who also recognize various financial incentives from the [Centers for Medicare & Medicaid Services] that favor doctor-integration." Barsky is the former director of the CMS Division of the Technical Payment Policy, Chronic Care Policy Group.

When asked about what regulations and legislation government contracts and lawyers will be watching this new year, Washington, D.C.-based Government Contracts partner Peter Eyre says, "I think there's going to be much more focus on sources and how prime contractors supervise and monitor subcontractors in their supply chain. There's also a question of who's going to bear those costs. …There are dollars associated with closer scrutiny of the supply chain."

Washington, D.C.-based Government Contract Group partner and member of the Privacy & Data Security Practice, David Bodenheimer, comments on the growing number of law firms that are adding cybersecurity practices. He notes, "In 2013, many law firms expanded existing practice areas that dealt with health care and financial data protection issues," and recognized that this growth is due in part because of the executive order President Obama signed in February that directed federal agencies to develop cybersecurity standards for parts of the private sector.

With new rules for whistleblower protections for employees at federal contractors and their sub-contractors, there could be more enforcement actions against companies in the defense companies if there are issues not handled correctly. Washington, D.C.-based Government Contracts Group partner Peter Eyre discusses how the new rules mandated by the National Defense Authorization Act will change how both sub-contractor and sub-contractor employees are now covered by these rules.